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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99945
Experience:  Lawyer
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I live in Alberta Canada, Im looking at getting a

Customer Question

I live in Alberta Canada, Im looking at getting a divorce.....my wife and I were common law at the time in 2007 she took out a mortgage to purchase a condo.....we both lived there....we married in 2009....if I divorce do I have any financial obligations
to this unit ?.... (it was acquired before marriage and is in her name)
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
What province is this please?
Customer: replied 2 years ago.
Alberta
Expert:  Debra replied 2 years ago.
In Alberta common law spouses do not have property rights.So the property is considered to have been brought into the marriage in 2009. This is the same for debts. Any debt incurred before your marriage is a debt brought into the marriage. You do not share in assets or debts brought into a marriage. You do share in their increase in value. That doesn't mean you are liable for some of the debt as between you and the creditor. What it means is that you consider this increase in value when you are working out the division of assets. But the actual obligation is not yours.

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